Requirement of sanction
Linet
(Querist) 08 January 2015
This query is : Resolved
Could you kindly help me with the following:
1. While filing a Private Complaint against a Private individual for a offence requiring sanction, at what stage is the sanction to be obtained? Is a sanction mandatorily to be filed with the Private Complaint, as in case of complaint against public officials?
2. If yes, What is the procedure to obtain the sanction?
Thank you.
Isaac Gabriel
(Expert) 08 January 2015
Without knowing the nature of the complaint and the public afficial against whom allegation is made,what opinion you expect?
B K Raghavendra Rao
(Expert) 08 January 2015
For prosecuting a public official, you need permission from his appointing authority. You need to write to the appropriate government department/authority seeking sanction for prosecution under criminal laws.
Linet
(Querist) 09 January 2015
Dear sirs,
Thank you for your reply.
My question is specific to a compliant against a private individual not a public servant. U/s 196 of CrPC the court cannot take cognizance for an offence such as 295A without a valid sanction.
Therefore, if I need to file a Private Compliant against a private individual for 295A will I have to obtain a sanction order before filing of complaint in court?
I understand that the magistrate can order the police to investigate u/s 156 (3) in that case the police may obtain a sanction.
But what if the magistrate decides to take cognizance himself u/s 202? Will I as an individual need to obtain a sanction order or will the magistrate direct the Govt.?
If in case, I need to apply to the Government, what is the procedure?
B K Raghavendra Rao
(Expert) 09 January 2015
For a private individual, you do not need any sanctions. It becomes a PCR (private complaint registration). The magistrate would order for enquiry by police and if the allegation is found prima facie true, it would be converted into crime, FIR registered and becomes a state case. If the police submit B report, that there is no truth in the allegation, you may challenge the same and get your complaint converted into Criminal Case.
Linet
(Querist) 09 January 2015
As per Section 196 CrPC a sanction is required to proceed with charges such as 295A, 153A etc. against a private individual. If the magistrate takes cognizance of the offence u/s 295A or 153A with out a valid sanction, the whole proceedings are liable to be quashed.
I need to know at what stage is a sanction u/s 196 to be obtained in a such a PCR?
Can a I (being a private individual) apply to the Govt to grant a sanction u/s 196 to prosecute another private individual for a offence u/s 295A or 153A?
B K Raghavendra Rao
(Expert) 09 January 2015
The bar created by Section 196 (1A) is against taking cognizance by the Court. There is no bar against registration of a criminal case or investigation by the police agency or submission of a report by the police on completion of investigation. Please see State of Karnataka vs Pastor P. Raju (2006) 6 SCC 728
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
You may read the provisions of law properly and then ask for clarification, without which you may tend to make such mistakes.
Linet
(Querist) 13 January 2015
Dear Mr. T. Kalaiselvan,
Thank you for your message. Please note, I am well aware of what the law is with regard to S. 196, and am making no mistake in asking the question which is more a legal question arising out of a particular circumstance. If you read my question a bit carefully, you would be in a better position to understand that I am not seeking a clarification on the provision of law which could be read and clarified by any law book. I seek an expert opinion in the circumstances of my case.
My question is: if the magistrate decides to take cognizance (applies his mind)of the PCR (having S. 295A) himself u/s 202, instead of directing it to the Police, Will I as an individual need to obtain a sanction order or will the magistrate direct the Govt.? Or is it mandatory that a case requiring sanction have to be directed to the police for investigation and sanction.
I would be glad if you could provide your opinion on this. But I am afraid if this is not your expertise, please do not be critical.
Thank you.
Linet
(Querist) 13 January 2015
Dear Rao Sir,
Thank you for your clarification on the point of cognizance.
